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(영문) 의정부지방법원 2017.04.19 2016고단4824
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 18, 2008, the Defendant received a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on July 18, 2008. On June 22, 2016, the Defendant received a summary order of one million won for a crime of violating the Road Traffic Act.

On October 8, 2016, the Defendant, who violated the provision prohibiting drinking twice or more, driven a BS-type car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.237% from the section of around 200 meters from the front side of the apartment house located in the 1166-3 BS-ro, Yang-dong, Yangju-dong, Yangju-dong, to the front side of the white-dong, Yangju-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of a driver who is placed in driving, inquiry of the results of crackdown on drinking, and report on the circumstances of driving in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force), previous convictions in disposition and results of confirmation, and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant’s blood alcohol concentration was very high as 0.237% when committing the instant crime on the grounds of sentencing Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures.

One of the two drinking driving power is the recent 2016.

Provided, That the defendant has no criminal records of a suspended sentence or more, except a traffic-related fine.

In addition, the defendant's age, occupation, family relationship, economic condition, circumstances, circumstances, attitude after committing the crime, etc. shall be determined as per the order.

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